Litigation Lawyers in Manorhaven
If you are in Manorhaven, New York and believe that some type of legal wrong has been committed against you, and decide that seeking legal redress will be worth the time and expense involved, you may wish to file a lawsuit.
If you are contemplating filing a lawsuit, you should know that there are many factors that need to be considered before doing so. You should definitely hire a good attorney from Manorhaven, New York before you proceed.
Your Manorhaven, New York civil litigation attorney will be able to advise you on whether or not you have a legitimate case, and, if so, your best options on how to proceed. The attorney will also discuss with you the fees for their services, and whether he or she can represent you on a contingency basis.
Steps for Filing a Lawsuit in Manorhaven, New York
Consultation with your attorney: Before you file a lawsuit in a Manorhaven, New York court, you need to meet and confer with a local lawyer. You lawyer in Manorhaven, New York can advise you on whether or not your lawsuit has merit, and how likely it is to succeed.
Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Manorhaven, New York court, you need to draft a complaint, with the help of your lawyer. A complaint is usually the first step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a valid lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court usually gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Manorhaven, New York requires that lawsuits be served on defendants in a certain way. This is to ensure that the defendant has a good deal of notice that they're being sued, giving them time to find an attorney, and work on how they're going to defend themselves. It is strongly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Sometimes, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Manorhaven, New York, the defendant has time to respond. They usually do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are treated as if the defendant admitted them, and you only need to prove that you've suffered losses that warrant the damages you're asking for.
How Can A Manorhaven, New York Tort Lawyer Help?
This article gives you a basic picture of what is required to file a lawsuit in Manorhaven, New York. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
Accordingly, it's always a good idea to speak with a Manorhaven, New York litigation attorney if you are contemplating filing a lawsuit against a person or company.